Enviros Cite 1st Circ. In Bid To Vacate EPA Adviser Policy

Law360 (March 30, 2020, 9:02 PM EDT) -- The Natural Resources Defense Council has told a New York federal court that a recent First Circuit decision bolsters its ongoing bid to vacate a 2017 U.S. Environmental Protection Agency policy regarding the allocation of EPA grants.

The First Circuit on March 23 said that scientists can challenge the EPA’s decision to block EPA grant recipients from serving on its federal advisory committees, noting that the U.S. Supreme Court recently took a narrow view of the types of discretionary agency decisions that can escape judicial review.

The NRDC urged Judge Denise L. Cote on Friday to take the First Circuit decision...

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